Family Law

A Subpoena is a legal document issued by the Court at the request of a party to a case. A subpoena compels a person to produce specific documents or give evidence at a hearing or trial. There are three types of subpoena: a Subpoena for production a Subpoena to give...

Vaccination of children has long been a difficult topic for separated parents to negotiate when one parent holds a strong view and the other holds a differing view. That difficulty is certainly not any less with the topic of vaccination of children with a COVID-19...

As the summer school holidays fast approach and Covid-19 restrictions ease many families will be planning to travel over the Christmas period. For those parents who are co-parenting arranging travel is slightly more complicated and often requires earlier planning....

Any additional assets or income that are accumulated after the separation will be at risk of a claim.  The property division will normally be decided on the value of the assets available at the time of the division - not on the value at separation.  You may for...

There are significant risks of not formally documenting (by way of a Court order or Financial Agreement) an agreement that you may reach about property or maintenance. Informal, casual, or handshake agreements carry a very significant risk for you, your family, and...

Much of the time, avoiding going to Court in family law proceedings makes sense. The Court process can be costly, and uncertain. When it comes to financial matters, there are so many variables at play that lawyers cannot predict with certainty a precise outcome, but...

Your internet presence can be both an enormous help with sorting out your parenting and property situation, but carries significant risks. Here are some of the things we suggest you should be careful about: The information and images you post on social media sites...

Your internet presence can be both an enormous help with sorting out your parenting and property situation, but carries significant risks. Here are some of the things we suggest: Call your Internet Service Provider or a private computer consultant to review your...

The weeks following separation are often the most difficult. People find themselves in a highly emotional situation and struggling to determine what they should do next, who they should speak with, how to protect their assets and re-establish themselves. There a few...

Your internet presence can be both an enormous help with sorting out your parenting and property situation, but carries significant risks. Here are some of the things we suggest: change your passwords on your computer/laptop; change your passwords on all web based...

Getting together your personal documents early saves you time and money and saves your lawyer having to repeatedly request them off you. It will allow you or your lawyer to be on the front foot and get ahead of the other party. Here's part three of our top docs list:...

Internet technologies have had a significant impact on the area of Family Law. The use of smartphones, social media platforms, and internet websites have expanded the types of evidence that parties seek to rely on in Family Law proceedings and the avenues in which...

Getting together your personal documents early saves you time and money and saves your lawyer having to repeatedly request them off you. It will allow you or your lawyer to be on the front foot and get ahead of the other party. Here's part two of our top docs list:...

On 1 September 2021, the Family Court of Australia and Federal Circuit Court of Australia will join together as one Court. This merger will include the introduction of various new administrative and practical changes. In a recent media release the Court addressed the...

Collecting your personal documents early saves you time and money and saves your lawyer having to repeatedly request them off you. It will allow you or your lawyer to be on the front foot and get ahead of the other party. Here's part one of our top docs list: income...

A Family Violence Intervention Order protects a person from a family member who is allegedly perpetrating family violence. There are numerous forms of Family Violence that may provide grounds for an Intervention Order including: Emotional abuse (manipulation,...

Child support is the financial support paid by one parent to the other to help with the costs of a child aged under 18 years of age. The amount of child support to be paid is usually calculated based on how much time the child spends with each parent. However, even...

Upon separating from their partner most people are aware of their obligations to pay Child Support for the financial maintenance of their children. However, many people often do not realise that they may also have an obligation to provide their ex-spouse with...

Most people associate the term “Domestic Violence” with physical assault. However, there are other forms of domestic violence such as financial abuse which can be just as damaging to the victim. Financial abuse is a type of emotional abuse whereby a person restricts...

Intervention Orders are a common feature in high-conflict relationship breakdowns. Despite the current prevalence of Family Violence Intervention Orders, people often misunderstand how they work. It is important to be aware of the serious criminal consequences for...

Many legal commentators have noted the spike in Australian couples seeking Divorce since the commencement of the COVID-19 pandemic. It is suspected that extended lockdown periods have either forced couples to be apart from each other or spend 24/7 at home together. In...